IN Bar Criminal Procedure 3

Question 1

A grand jury indicts a defendant based partly on hearsay and illegally seized evidence. His motion to dismiss the indictment on these grounds will:

Accepted Answer

Fail, because grand juries may consider hearsay and evidence that would be inadmissible at trial

Answer

Under Costello and Calandra, grand jury indictments may rest on hearsay and illegally obtained evidence.

Question 2

In Indiana, a person charged with murder is entitled to bail unless:

Accepted Answer

The proof is evident or the presumption strong that the defendant committed the offense

Answer

The Indiana Constitution makes murder and treason bailable except when the proof is evident or the presumption strong.

Question 3

During a lawful Terry stop, an officer pats down a suspect and feels a soft bag that, only after squeezing and manipulating it, he believes contains drugs. Under Minnesota v. Dickerson, the drugs are:

Accepted Answer

Inadmissible, because the incriminating nature was not immediately apparent without further manipulation

Answer

Plain feel applies only if the contraband's identity is immediately apparent during a lawful frisk, without additional manipulation.

Question 4

A defendant pleads guilty in an Indiana court. He later seeks to appeal the trial court's earlier denial of his motion to suppress. He may:

Accepted Answer

Not challenge the suppression ruling on direct appeal, because a guilty plea waives the right to appeal pre-plea constitutional rulings

Answer

In Indiana, an unconditional guilty plea waives appellate review of prior rulings such as suppression denials.

Question 5

The prosecution fails to disclose a witness's plea deal that could have impeached the State's key witness. The defendant is convicted. Under Brady and Giglio, reversal is required if:

Accepted Answer

The evidence was material, meaning a reasonable probability exists that disclosure would have changed the result

Answer

Brady violations require suppression of favorable, material evidence; materiality means a reasonable probability of a different outcome.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Criminal Procedure 3